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HomeMy WebLinkAbout20081641 Ver 1_401 Application_20081008Office Use Only: Form Version March 05 08-1641 USACE Action ID No. DWQ No. (If any particular item is not applicable to this project, please enter "Not Applicable" or "N/A".) 1. Processing WIN 1. Check all of the approval(s) requested for this project: ® Section 404 Permit ? Riparian or Waters ules ? Section 10 Permit ? Isolated Wetland Permit from DWQ ® 401 Water Quality Certification ? Express 401 Water Quality Certification 2. Nationwide, Regional or General Permit Number(s) Requested: 27 3. If this notification is solely a courtesy copy because written approval for the 401 Certification is not required, check here: ? 4. If payment into the North Carolina Ecosystem Enhancement Program (NCEEP) is proposed for mitigation of impacts, attach the acceptance letter from NCEEP, complete section VIII, and check here: ? 5. If your project is located in any of North Carolina's twenty coastal counties (listed on page 4), and the project is within a North Carolina Division of Coastal Management Area of Environmental Concern (see the top of page 2 for further details), check here: Q v n p , ?°J 1r) II. Applicant Information 0-1; 3 0 2008 1. Owner/Applicant Information DEP1R -OCER l1UAlln CH Name: Nita and Tony Langer wnn Togmyx p,BRPI Mailing Address PO Box 238 Deep Gap, NC 28618 Telephone Number: 336-877-1590 Fax Number: E-mail Address: 2. Agent/Consultant Information (A signed and dated copy of the Agent Authorization letter must be attached if the Agent has signatory authority for the owner/applicant.) Name: Lvnn Caldwell. Restoration Director Company Affiliation: National Committee for the New River (NCNB) Mailing Address: PO Box 1480, West Jefferson NC 28694 Telephone Number: 366-982-6267 Fax Number: 336-982-6433 E-mail Address: Lynn )ncrtnorg III. Project Information Attach a vicinity map clearly showing the location of the property with respect to local landmarks such as towns, rivers, and roads. Also provide a detailed site plan showing property Page 1 of 9 boundaries and development plans in relation to surrounding properties. Both the vicinity map and site plan must include a scale and north arrow. The specific footprints of all buildings, impervious surfaces, or other facilities must be included. If possible, the maps and plans should include the appropriate USGS Topographic Quad Map and NRCS Soil Survey with the property boundaries outlined. Plan drawings, or other maps may be included at the applicant's discretion, so long as the property is clearly defined. For administrative and distribution purposes, the USACE requires information to be submitted on sheets no larger than 11 by 17-inch format; however, DWQ may accept paperwork of any size. DWQ prefers full-size construction drawings rather than a sequential sheet version of the full-size plans. If full-size plans are reduced to a small scale such that the final version is illegible, the applicant will be informed that the project has been placed on hold until decipherable maps are provided. 1. Name of project: Langer ject 2. T.I.P. Project Number or State Project Number (NCDOT Only): NA 3. Property Identification Number (Tax PIN): 15235-018 4. Location County: Ashe Nearest Town: Fleetwood, NC Subdivision name (include phase/lot number): N/A Directions to site (include road numbers/names, landmarks, etc.): From West Jefferson, go south on US Highway 221 for 8.5 miles. Turn right at #10930 into driveway. Note: driveway is gated. Must have code for access. 5. Site coordinates (For linear projects, such as a road or utility line, attach a sheet that separately lists the coordinates for each crossing of a distinct waterbody.) Decimal Degrees (6 digits minimum): 36. 298139 °N 81.508931 °W 6. Property size (acres): 169.532 acres 7. Name of nearest receiving body of water: South Fork New River 8. River Basin: New River (Note - this must be one of North Carolina's seventeen designated major river basins. The River Basin map is available at http://h2o.enr.state.nc.us/admin/maps/.) 9. Describe the existing conditions on the site and general land use in the vicinity of the project at the time of this application: See attached plan. This small, unnamed tributary is a first order stream with a drainage area of 0.017 sq mi. The watershed is mostly wooded with a small second growth pasture along the left bank from the culvert to the South Fork New River (SFNR). Some logging activities have occurred in the past on the mountain slopes in the stream's headwaters. Presently, there are no ongoing _agricultural, livestock or forestry practices occurring at the site and it is part of a 50 acre conservation easement Page 2 of 9 10. Describe the overall project in detail, including the type of equipment to be used: The 325 if of stream from the culvert to the SFNR is the proposed work area. Five sites have been identified totaling approximately 325 if in need of bank stabilization. All work will be done from the top of the bank by a trackhoe with a hydraulic (preferred) or mechanical thumb. Methods to be used are bank reshaping with the use of root wads and log vanes and revegetation to provide long-term bank stability (see attached plan). In addition to bank stabilization, an existing, undersized 12" CMP culvert will be replaced with a 36" CMP culvert capable of carrying high flows during storm events. The new culvert will be placed 1 ft below the normal stream bottom so that aquatic organisms can move freely through the culvert. Care will be taken to put out groundcover mixture and straw or coconut fiber matting as each phase of the project is completed. No soil will be unprotected for longer than 24 hours. 11. Explain the purpose of the proposed work: The purpose of this work is to repair and stabilize the eroding of this small, unnamed tributary to the South Fork New River on the Langer property. This will improve gquatic habitat and reduce the amount of sediment entering state wntPrc IV. Prior Project History If jurisdictional determinations and/or permits have been requested and/or obtained for this project (including all prior phases of the same subdivision) in the past, please explain. Include the USACE Action ID Number, DWQ Project Number, application date, and date permits and certifications were issued or withdrawn. Provide photocopies of previously issued permits, certifications or other useful information. Describe previously approved wetland, stream and buffer impacts, along with associated mitigation (where applicable). If this is a NCDOT project, list and describe permits issued for prior segments of the same T.I.P. project, along with construction schedules. N/A V. Future Project Plans Are any future permit requests anticipated for this project? If so, describe the anticipated work, and provide justification for the exclusion of this work from the current application. None anticipated at this time. VI. Proposed Impacts to Waters of the United States/Waters of the State It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to wetlands, open water, and stream channels associated with the project. Each impact must be listed separately in the tables below (e.g., culvert installation should be listed separately from riprap dissipater pads). Be sure to indicate if an impact is temporary. All proposed impacts, permanent and temporary, must be listed, and must be labeled and clearly identifiable on an accompanying site plan. All wetlands and waters, and all streams (intermittent and perennial) should be shown on a delineation map, whether or not impacts are proposed to these systems. Wetland and stream evaluation and delineation forms should be included as appropriate. Photographs may be included at the applicant's discretion. If this proposed impact is strictly for Page 3 of 9 wetland or stream mitigation, list and describe the impact in Section VIII below. If additional space is needed for listing or description, please attach a separate sheet. 1. Provide a written description of the proposed impacts: Less than 0.1 acres will be disturbed during the restoration process. Impact will be minimized by seeding and the installation of straw and/or fiber matting within 24 hours of disturbance. 2. Individually list wetland impacts. Types of impacts include, but are not limited to mechanized clearing, grading, fill, excavation, flooding, ditching/drainage, etc. For dams, separately list impacts due to both structure and flooding. Wetland Impact Site Number (indicate on map) Type of Impact Type of Wetland (e.g., forested, marsh, herbaceous, bog, etc.) Located within 100-year Floodplain es/no Distance to Nearest Stream linear feet Area of Impact (acres) NA Total Wetland Impact (acres) 0 3. List the total acreage (estimated) of all existing wetlands on the property: 0 4. Individually list all intermittent and perennial stream impacts. Be sure to identify temporary impacts. Stream impacts include, but are not limited to placement of fill or culverts, dam construction, flooding, relocation, stabilization activities (e.g., cement walls, rip-rap, crib walls, gabions, etc.), excavation, ditching/straightening, etc. If stream relocation is proposed, plans and profiles showing the linear footprint for both the original and relocated streams must be included. To calculate acreage, multiply length X width, then divide by 43,560. Stream Impact Perennial Average Stream Impact Area of Number Stream Name Type of Impact Width Before Length Impact (indicate on ma Intermittent? Impact linear feet acres Unnamed Replace existing 6.9 ft BKF 2 ft 1 tributary to the 12"culvertwith Perennial , actual l channel 20 02 0 South Fork 48" X 20' CPP width . New River culvert Unnamed Cross vanes and 6.9 ft 2,3,4,5 tributary to the restore to original perennial 305 0 21 South Fork channel. Slope . New River banks as needed Total Stream Impact (by length and acreage) 325 0.23 Page 4 of 9 5. Individually list all open water impacts (including lakes, ponds, estuaries, sounds, Atlantic Ocean and any other water of the U.S.). Open water impacts include, but are not limited to fill, excavation, dredging, floodin , drainage, bulkheads, etc. Open Water Impact Name of Waterbody Type of Waterbody Area of Site Number (if applicable) Type of Impact (lake, pond, estuary, sound, bay, Impact indicate on ma ocean, etc. acres NA Total Open Water Impact (acres) 0 6. List the cumulative impact to all Waters of the U.S. resulting from the project: Stream Impact (acres): 0.23 Wetland Impact (acres): 0 Open Water Impact (acres): 0 Total Impact to Waters of the U.S. (acres) 0 Total Stream Impact (linear feet): 0.23 7. Isolated Waters Do any isolated waters exist on the property? ? Yes ® No Describe all impacts to isolated waters, and include the type of water (wetland or stream) and the size of the proposed impact (acres or linear feet). Please note that this section only applies to waters that have specifically been determined to be isolated by the USACE. N/A 8. Pond Creation If construction of a pond is proposed, associated wetland and stream impacts should be included above in the wetland and stream impact sections. Also, the proposed pond should be described here and illustrated on any maps included with this application. Pond to be created in (check all that apply): ? uplands ? stream ? wetlands Describe the method of construction (e.g., dam/embankment, excavation, installation of draw-down valve or spillway, etc.): Proposed use or purpose of pond (e.g., livestock watering, irrigation, aesthetic, trout pond, local stormwater requirement, etc.): Current land use in the vicinity of the pond: Size of watershed draining to pond: Expected pond surface area: 0 VII. Impact Justification (Avoidance and Minimization) Specifically describe measures taken to avoid the proposed impacts. It may be useful to provide information related to site constraints such as topography, building ordinances, accessibility, and financial viability of the project. The applicant may attach drawings of alternative, lower-impact site layouts, and explain why these design options were not feasible. Also discuss how impacts were minimized once the desired site plan was developed. If applicable, discuss construction techniques to be followed during construction to reduce impacts. The proposed work and associated impacts are intended to stabilize eroding streambanks at five locations on the unnamed tributary to the South Fork New River at the Langer property with minimal stream impacts. All heavy equipment will be kept out of the stream channel during construction. Page 5 of 9 Permanent vegetation will be planted on all bare soil within 24 hours of ground disturbing activities. This will be covered with straw and/or coconut fiber matting and livestakes planted as soon as weather permits. Trees and shrubs will be planted along the streambanks at work sites and non work sites. VIII. Mitigation DWQ - In accordance with 15A NCAC 2H .0500, mitigation may be required by the NC Division of Water Quality for projects involving greater than or equal to one acre of impacts to freshwater wetlands or greater than or equal to 150 linear feet of total impacts to perennial streams. USACE - In accordance with the Final Notice of Issuance and Modification of Nationwide Permits, published in the Federal Register on January 15, 2002, mitigation will be required when necessary to ensure that adverse effects to the aquatic environment are minimal. Factors including size and type of proposed impact and function and relative value of the impacted aquatic resource will be considered in determining acceptability of appropriate and practicable mitigation as proposed. Examples of mitigation that may be appropriate and practicable include, but are not limited to: reducing the size of the project; establishing and maintaining wetland and/or upland vegetated buffers to protect open waters such as streams; and replacing losses of aquatic resource functions and values by creating, restoring, enhancing, or preserving similar functions and values, preferable in the same watershed. If mitigation is required for this project, a copy of the mitigation plan must be attached in order for USACE or DWQ to consider the application complete for processing. Any application lacking a required mitigation plan or NCEEP concurrence shall be placed on hold as incomplete. An applicant may also choose to review the current guidelines for stream restoration in DWQ's Draft Technical Guide for Stream Work in North Carolina, available at http://h2o.enr.state.nc.us/iicwetIands/stmigide.htni1. 1. Provide a brief description of the proposed mitigation plan. The description should provide as much information as possible, including, but not limited to: site location (attach directions and/or map, if offsite), affected stream and river basin, type and amount (acreage/linear feet) of mitigation proposed (restoration, enhancement, creation, or preservation), a plan view, preservation mechanism (e.g., deed restrictions, conservation easement, etc.), and a description of the current site conditions and proposed method of construction. Please attach a separate sheet if more space is needed. N/A 2. Mitigation may also be made by payment into the North Carolina Ecosystem Enhancement Program (NCEEP). Please note it is the applicant's responsibility to contact the NCEEP at (919) 715-0476 to determine availability, and written approval from the NCEEP indicating that they are will to accept payment for the mitigation must be attached to this form. For Page 6 of 9 additional information regarding the application process for the NCEEP, check the NCEEP website at http://h2o.enr.state.nc.us/wrp/index.htm. If use of the NCEEP is proposed, please check the appropriate box on page five and provide the following information: Amount of stream mitigation requested (linear feet): Amount of buffer mitigation requested (square feet): Amount of Riparian wetland mitigation requested (acres): Amount of Non-riparian wetland mitigation requested (acres): Amount of Coastal wetland mitigation requested (acres): IX. Environmental Documentation (required by DWQ) Does the project involve an expenditure of public (federal/state/local) funds or the use of public (federal/state) land? Yes ® No ? 2. If yes, does the project require preparation of an environmental document pursuant to the requirements of the National or North Carolina Environmental Policy Act (NEPA/SEPA)? Note: If you are not sure whether a NEPA/SEPA document is required, call the SEPA coordinator at (919) 733-5083 to review current thresholds for environmental documentation. Yes ? No 3. If yes, has the document review been finalized by the State Clearinghouse? If so, please attach a copy of the NEPA or SEPA final approval letter. Yes ? No ? X. Proposed Impacts on Riparian and Watershed Buffers (required by DWQ) It is the applicant's (or agent's) responsibility to determine, delineate and map all impacts to required state and local buffers associated with the project. The applicant must also provide justification for these impacts in Section VII above. All proposed impacts must be listed herein, and must be clearly identifiable on the accompanying site plan. All buffers must be shown on a map, whether or not impacts are proposed to the buffers. Correspondence from the DWQ Regional Office may be included as appropriate. Photographs may also be included at the applicant's discretion. Will the project impact protected riparian buffers identified within 15A NCAC 2B .0233 (Meuse), 15A NCAC 213.0259 (Tar-Pamlico), 15A NCAC 02B.0243 (Catawba) 15A NCAC 2B .0250 (Randleman Rules and Water Supply Buffer Requirements), or other (please identify )? Yes ? No 2. If "yes", identify the square feet and acreage of impact to each zone of the riparian buffers. If buffer mitigation is required calculate the required amount of mitigation by applying the buffer multipliers. Zone* Impact s uare feet Multiplier Required Mitigation 1 3 (2 for Catawba) 2 1.5 Page 7 of 9 Total * Zone 1 extends out 30 feet perpendicular from the top of the near bank of channel; Zone 2 extends an additional 20 feet from the edge of Zone 1. 3. If buffer mitigation is required, please discuss what type of mitigation is proposed (i.e., Donation of Property, Riparian Buffer Restoration / Enhancement, or Payment into the Riparian Buffer Restoration Fund). Please attach all appropriate information as identified within 15A NCAC 213.0242 or.0244, or.0260. N/A XI. Stormwater (required by DWQ) Describe impervious acreage (existing and proposed) versus total acreage on the site. Discuss stormwater controls proposed in order to protect surface waters and wetlands downstream from the property. If percent impervious surface exceeds 20%, please provide calculations demonstrating total proposed impervious level. There is no impervious acreage at the site and no impervious acreage will be created as a component of this project. The proposed riparian buffer should adequately filter and absorb storm water runoff. XII. Sewage Disposal (required by DWQ) Clearly detail the ultimate treatment methods and disposition (non-discharge or discharge) of wastewater generated from the proposed project, or available capacity of the subject facility. N/A XIII. Violations (required by DWQ) Is this site in violation of DWQ Wetland Rules (15A NCAC 2H .0500) or any Buffer Rules? Yes ? No Is this an after-the-fact permit application? Yes ? No XIV. Cumulative Impacts (required by DWQ) Will this project (based on past and reasonably anticipated future impacts) result in additional development, which could impact nearby downstream water quality? Yes E] No If yes, please submit a qualitative or quantitative cumulative impact analysis in accordance with the most recent North Carolina Division of Water Quality policy posted on our website at llttp://h2o.enr.state.nc.us/ncwetlands. If no, please provide a short narrative description: This project will serve to stabilize the banks of 325 if of the unnamed tributary to the South Fork New River and provide improved habitat for aquatic species. It will reduce erosion on the Langer property and decrease off site sediment impacts to the South Fork New River. XV. Other Circumstances (Optional): It is the applicant's responsibility to submit the application sufficiently in advance of desired construction dates to allow processing time for these permits. However, an applicant may choose to list constraints associated with construction or sequencing that may impose limits on Page 8 of 9 work schedules (e.g., draw-down schedules for lakes, dates associated with Endangered and Threatened Species, accessibility problems, or other issues outside of the applicant's control). /1 -- .2 2 Applicant/Agent's Signature Date Agent's signature is valid only if an authorization letter from the applicant is provided.) Page 9 of 9 I, Tony Langer, designate Lynn Caldwell of the National Committee for the New River (NCNR) to act as my duly authorized agent concerning all US Army Corps of Engineers and NC DENR permitting regarding the streambank restoration project on my property on an un-named tributary to the South Fork New River in Ashe County, NC Tony Langer Name 10930 Hwy 221 South, Deep Gap, NC 28618 Address 336-877-1590 Phone number Email address S1 Fax number Date UT-South Fork New River at Langer Property, March 2007 * k i N y; ,: \\ Rock Vane UT South Fork New River Feet 0 75 150 ' Rock Crossvane Parcel Boundaries Prepared by NCNR 2008 Icy r?, ?' Source: Ashe County Tax Mapping Feet 0 1,750 3,500 Langer Parcel Boundaries Prepared by NCNR 2008 Source: Ashe County Tax Mapping \ 4 Z? Ul d 00 lD O N Z Uj Z 10 a 2 CL` loo'),o T m c O co E2 N a? m c c 0 3 U H I ? N (0 O N Q' U T C O U U) I LANGER STREAMBANK STABILIZATION PROJECT ON AN UNAMED TRIBUTARY TO THE SOUTH FORK NEW RIVER, ASHE COUNTY, NORTH CAROLINA Prepared for the National Committee for the New River, West Jefferson, North Carolina July 19, 2008 Prepared By Foggy Mountain Nursery, Lansing, North Carolina Introduction The National Committee for the New River proposes to stabilize approximately 325 linear feet (If) of eroding streambank through it's River Builder Program on an unnamed tributary to the South Fork New River. The site is located on the Langer property in the Todd - United States Geological Survey Quadrangle (Figure 1). Site visits were made on January 16 and July 10, 2008 to determine the type of measures needed to stabilize the eroding streambanks. This proposal outlines five sites (Figure 1) that need to be addressed and the methods to correct the problems. Project Description and Methods This small, unnamed tributary is a first order stream with a drainage area of 0.017 sq. mi. The watershed is mostly wooded with a small pasture along the left bank from the culvert to the confluence with the South Fork New River. The 3251f of stream from the culvert to the South Fork New River, proposed work area, is a class C entrenched stream type (Rosgen 1996). Above the culvert the stream is a class B stream type (Rosgen 1996). One cross-section survey was collected that is representative of bank erosion problems at the site (Figure 2). Four sites have been identified totaling approximately 1001f in this 325 if reach in need of bank stabilization. Methods to be used are bank reshaping (Figure 3), root wads (Figure 4), and log vanes (Figure (Figure 1), or a combination of these methods, and revegetation (Table 1). In addition to bank stabilization, an existing, undersized 12" CMP culvert will be replaced with a 36" CMP culvert capable of carrying high flows during storm events. Once a bank repair site has been completed, disturbed soils will be reseeded with a temporary and permanent ground cover seed mixture and covered with straw and/or an erosion control blanket. Disturbed streambanks will also be planted with native shrub and tree species (Table 1) to provide a deeper root system for long-term bank stability. Conclusion These bank stabilization measures will reduce off-site sedimentation and provide in-stream habitat for aquatic resources in this small, unnamed tributary. Establishment of an improved, vegetated buffer will provide long term bank stability, filter out pollutants, and provide cover and food for many wildlife species. Literature Cited: Rosgen, D. L. 1996. Applied river morphology. Printed Media Companies, Minneapolis, Minnesota. FIGURE 1. Langer streambank stabilization site showing location on USGS Todd Quadrangle an aerial view, unnamed tributary to South Fork New River. 2 N 3. ? Feel 0 75 t30 Aepated bj NCNR 20015 <z Sxuce Aoe Cautty Tex Mepprtp ?? ""?? FIGURE 2. Cross-section with pictures showing the vertical bank erosion on the unnamed tributary, Langer site, Ashe County. Cross-section view is looking downstream. Pictures are of the same cross-section looking upstream. 98 97 96 iR 95 c p 94 > m w 93 92 91 90 0 5 10 15 20 25 30 35 40 Width from River Left to Right (ft) dimensions 4.8 x-section area 0.7 d mean 6.9 width 8.9 wet P 1.6 d max 0.5 h yd radi 5.0 bank ht 10.0 /d ratio 20.0 W flood prone area 2.9 ratio rent Pictures of the cross-section location taken on January 16 and July 10, 2008. 3 FIGURE 3. Typical bank grading plan for the unnamed tributary to the South Fork New River, Langer site, Ashe County. Cross-section view after work Pasture grasses, little valve for bank stabilization or stream shading. Vertical bank showing area to be reshaped. Herbaceous vegetation. Live stakes 18" to 24" in length. Erosion control blanket 4 - 8 ft wide, anchored with wooden stakes/live stakes. 14 4 Cross-section view before work (existing condition) Rooted trees, 2' to 6' tall. FIGURE 4. A typical root wad structure showing plan and cross section views. NOTE: Footer logs (optional) should be >8" diameter and installed below the streambed. Root wads should be 8-14 ft long and >10" diameter. Large boulders should be placed in gaps between root wads. Fill materials from the site should be placed behind the root wads and boulders, covered with an erosion control mat and seeded and trees planted on top of the bench. FIGURE 5. Typical log vane structure used to protect the bank toe from erosion and provide in- stream aquatic habitat. PLAN VIEW Angle End of log buried a minimum c ft into the bank at inn berm or bankfull elevation. PROFILE VIEW 4 4 4 Bank slope 2-7°, small streams up to 20° Flow Scour U-1- Footer 6 c . TABLE 1. Mountain Region native plant list prepared by the Stream Restoration Institute, North Carolina State University. TREES SMALL TREES/SHRUBS Yellow buckeye Aesculus octandra Tag alder Alnus serrulata Cherry birch Betula lenta Serviceberry Amelanchier arborea River birch Betula nigra Red chokeberry Aronia arbutifolia Bitternut hickory Carya cordiformis Common pawpaw Asimina triloba Shagbark hickory Carya ovata Sweet-shrub Calycanthus floridus Persimmon Diospyros virginiana Green ash Fraxinus pennsylvanica Silverbell Halesia caroliniana Blackgum Nyssa sylvatica Sycamore Platanus occidentalis Black cherry Prunus serotina Black willow Salix nigra White basswood Tilia heterophylla White pine Pinus strobus Canadian hemlock Tsuga Canadensis Carolina hemlock Tsuga caroliniana Ironwood Carpinus caroliniana Leaf dogwood Cornus alternifolia Silky dogwood Cornus amomum Hazelnut Corylus americana Witch-hazel Hamamelis virginiana Winterberry flex verticillata Doghobble Leucothoe axillaris Spicebush Lindera benzoin Ninebark Physocarpus opulifolius Wild azalea Rhododendron periclymenoides Silky willow Salix sericea Note that this list is not all inclusive and addition native species can be added as needed. 7